Terms of Business
Description of terms:
The Company: will refer to Contact FS Ltd.
- The Customer: will refer to the person or company or partnership or any legal entity that is receiving work or services from the company.
- Installation: shall mean the purchase and fixing or placing of electronic equipment, including the fixing or running of cable or the use of wireless technology into a customer’s premises or a third parties premises, or portable building. The addition of any such equipment and fixing into an existing customers premises or a third parties premises or portable building.
- Service / Maintenance: shall mean the work necessary to repair or replace systems or components or to carry out preventative actions on that same equipment or additional equipment as may become necessary or is in line with any planned maintenance program.
- Specification of works: will also become the agreed works and will be a detailed written description of the works to be entered into.
- Variation of works: will be the additional work added to the installation, or the variation in the specification of works.
- Signalling Equipment: will be the equipment used to communicate with the central station or monitoring station or a third party. This will normally remain the property of Contact FS Ltd but may be sold on under certain circumstances.
- The Guarantor: shall be the person who guarantees the performance of the contract.
- Practical Completion: shall mean the stage at which the installation is complete apart from the installation of signalling equipment, but all other items on the specification of works will have been satisfactorily installed. Practical completion is also the point where the balance of the installation will be invoiced but may be waiting for the installation of signalling equipment.
Standard Terms and Conditions:
- The customer upon acceptance of a company quotation or verbal quotation, will provide the company with a written instruction to carry out the work as described in the specification of works. Once the order has been accepted by the customer, a legally binding contract will then exist between the company and the customer.
The customer agrees to:
- Provide and pay for any pre installation requirements, i.e. telecommunications connection charges and or electrical points prior to installation, or any customer supplied service for the necessary correct functioning of the system. If any electrical points are not installed before the installation commences and by not fitting these connections facilitates any additional visits, then the company may make an additional charge for any additional visits or any additional time spent on site
- Obtain and pay for all consents and permissions necessary for the installation of the system in the premises or arising thereafter prior to its installation and fully indemnify the company from and against any and all liability if such consents are not obtained.
- Notify the company of any changes or structural alterations or design of the building that may have occurred between the preparation and forwarding of the quotation and or specification of works and the installation date.
- Appoint a representative to represent the customer and forward all information requested by the company in connection with contact details of individuals required for key holder response etc. The company will not be responsible for any delay in the setting up of remote communications to a central station or other signal receiving centre for any reason that is reasonably outside of its control.
- Inform the company of any Health and Safety issues or restrictions that could impact upon installation times, prior to the commencement of the installation. Ladders and/or steps will used to access all normal installation of equipment. If additional access equipment is required or the site has a ban on the use of ladders or steps, then the company reserves the right to make additional labour charges or equipment rental charges that may by required if this information is not received prior to the commencement of the installation or if the quotation/tender has been prepared without this knowledge.
- The company will attend the customer’s premises or installation address and carry out the installation of the system as per the quotation/specification of works or the agreed works and subject to the quotation notes enclosed within the quotation. The installation will be conducted between 08:30 to 17:00 Monday to Friday on a previously agreed date. No work will take place outside of these hours unless a previously agreed timetable has been agreed in writing. If any additional hours outside of these times are worked, then this will be considered as premium time and alternative rates will apply starting at one and a half times normal rates. However, no additional work will be undertaken unless a signed variation is in place. All equipment fitted will be classed as rented equipment and the property of Contact FS Ltd until paid for in full. The company will only allow the passing of title to some of this rented equipment once the full value of the agreement has been paid including any VAT element. Signalling Equipment will always remain the property of Contact FS Ltd, unless a separate sale agreement is in place.
- To enable the company to perform the installation, the customer shall give the company, all the necessary access to the premises and facilities therein and the company shall not be liable for any delay occasioned by the default of the customer. If access to the premises is denied, or to part of the premises, or stock is so positioned as to denying access, the company reserves the right to charge the customer an extra charge to attend and carry out works within the quotation or specification of works, that are not complete within the time allowed for the installation, due to access being denied, or stock not being moved and preventing access. If the customer intentionally fails to provide access, or access is denied wilfully, or a third party interferes with, or attempts to interfere with, or connect with, or attempts to connect to company owned equipment, this will constitute a breach of this agreement and the company will immediately invoice the customer for the full contracted works and this sum will become immediately due for payment.
- The company will endeavour to install the system as soon as practically possible under normal operating conditions. The company cannot be held responsible for any loss occasioned from any delay in the installation of the system at the customer’s premises whatsoever. The company cannot be held responsible for a delay occasioned in the connection of signalling at the customer’s premises due to matters outside the control of the company, or delays from third parties, or delays in scheduling access to the customer’s premises, or working structure demands placed upon the company. However, the company will make all reasonable efforts to avoid such delays as practically possible.
- During the course of the works being undertaken, if it is found that certain design plans cannot be carried out, or there needs to be a change in the specification of works, then the customer agrees to meet with a company representative to discuss such matters and make alterations or amendments as may be become necessary. If additional charges are to be applied, this must then be accompanied by a variation to the specification of works. If no suitable compromise can be achieved, then the company reserves the right to invoice to the full extent of the works completed satisfactorily.
- Upon practical completion of the works the customer will inspect the work completed and will sign off this work as satisfactorily installed by signing the completion certificate. Please be aware that full completion may still be awaiting any signalling equipment, as this usually cannot be fitted until the use of the system has been established and other trades have installed the necessary equipment needed to allow the signalling equipment to operate. Please note that Contact FS Ltd cannot be held responsible for delays occasioned by any other third party.
- The customer shall pay for the cost of any reasonable reinstatement or redecoration made necessary during installation, or by the testing, alteration, or removal of existing apparatus from a prior installation. If the quotation does not cover the removal of a previous system, then the company may make an additional charge for the removal of such equipment, if the customer verbally requests our Technicians to remove such equipment.
- The company will not be responsible for the removal or clearing of any materials that accompanied the supply of the equipment fitted in the customer’s premises or third party premises. Packaging materials will be gathered by the companies technicians for disposal on site or into skips provided by the customer, unless the company has agreed in writing to the disposal at its own expense or has charged for such disposal of these materials.
The customer shall after practical completion:
- Pay the company the agreed installation fee stated on the agreement plus any extra charges or variations agreed during the installation period. Pay on request any monies to be paid to third parties in connection with the operation of the system i.e. Police, BT etc. Payments are due on practical completion of the installation unless an approved and authorised account is in place, or if the installation takes longer than one month to install. If the installation runs in excess of one month, then the company will be entitled to interim payments by invoice. Interim invoices will become due thirty days after the date of the invoice. If they are not paid in full, the company may at its discretion, withhold use of the system and/or withhold its services, labour and warranties under this agreement, or put an end to this agreement without any prejudice to any rights already accrued to the company. If the debt remains outstanding in excess of sixty days without reasonable cause, then this will constitute a breach of this agreement. Please see (section 9, remedy for breach of this agreement.)
- Give the company immediate written notice of any fault in or repairs necessary to the apparatus, or any omissions to the quotation / specification of works and shall permit and allow full access to the company to take such steps as it shall consider reasonably necessary to remedy such defect.
- As the company cannot cover the insurance of the property protected, it is a condition of this agreement that the customer will include within the property insurance schedule an amount to cover all of the equipment and labour between the start of the contract and payment of the final invoice to the company. The customer agrees to indemnify the company against any losses, damage, fire or theft of the equipment during the installation period. Any such losses will be invoiced by the company direct to the customer for payment under our normal terms.
Standard Terms and Conditions.
- 1. A Maintenance and Service visit will be defined as the company attending the customer’s premises or a third parties premises on behalf of the customer and carrying out certain tests and checks of a system to ascertain that the system is functioning correctly and in line with its design criteria. These checks will be recorded and a written report produced. The report will inform of any defects within the system and may carry recommendation for the improvement in design or where the system in the opinion of the company fails to be fit for purpose. Please note that any device tested, was functioning correctly at the time of the test, but the company does not guarantee that the device will continue to do so.
- A Maintenance and Service contract will be defined as an agreement that binds both customer and company in an arrangement where the customer benefits from the facility to call upon the company for services both in and out of normal working hours to maintain the customer’s system together with reduced labour rates and discounted parts, and where the company benefits from an annual sum being paid. The company will, during the course of the contract, make an appointment with the customer to carry out a maintenance/service visit once or twice a year as will be required for that particular system. The company will also include a twenty-four hour a day attendance contract to attend the customer’s premises outside of the normal working hours. The company will also discount its current labour rate or rates to a contracted rate. Copy available upon request and are subject to change without notice.
- The maintenance contract shall run for a minimum period of one year, unless a further minimum period is agreed in writing and will roll over to the next year if not cancelled. The Customer may put an end to the agreement at the end of the minimum contract period or any subsequent anniversary thereafter, by giving the company three full calendar months written notice prior to the end of the minimum period or the anniversary date. A written acknowledgement of cancellation must be received from the company to the customer, or the cancellation will be deemed not to have occurred. The company may terminate the contract by giving three month’s written notice to the customer. If the customer does not terminate the contract within time, then the contract will auto renew at anniversary and then run for a further twelve months. If the minimum period has not expired, the contract may be cancelled, but the customer must pay all costs associated with the contract, i.e. maintenance and monitoring charges, in the form of liquidated damages, had the contract run to the end of the minimum period.
- The company will maintain a twenty-four hour a day call out facility for emergency calls, for the benefit of the customer. The company will determine the term emergency and its implications, as to allow the customer the benefit of the system installed wherever possible. Out of hours service will not be granted for non-essential repairs, and the status of non-essential repairs shall be determined by the company. The company shall attend within a reasonable time period, unless a response time has been agreed in writing. The company will maintain twenty-four hour a day Central Station Monitoring (if fitted) for the benefit of the customer, unless a bad debt exists. (See clause 13 ). The company will discount its rates of labour and attendance fees chargeable to a published rate as long as this contract is in force. A copy is available by request.
- To enable the company to perform its duties, the customer shall give the company all the necessary access to the premises and facilities therein and the company shall not be liable for any delay occasioned by the default of the customer. If access to the premises is denied, or a part of the premises, for whatever reason, then the company cannot be held responsible for the non-operation of the devices located within these areas, should a fault or break-in occur. The customer must make every effort to afford full and unhindered access to the premises at the time of any maintenance visit, as the company will not return to test areas where access has been denied without charging for the visit. The company may make a charge for any additional labour if access is not available and waiting time occurs.
The Customer shall:
- Pay the Company the annual sum stated on the contract, quote or estimate. This sum may be revised at the end of the first or any subsequent year to make allowance for any increase of labour or materials, or any other relevant expense usually in line with inflation. Payments are due in advance. If they are not paid within thirty days of the invoice date, the company may withhold its services under the agreement, or put an end to the agreement without any prejudice to any rights already accrued to the Company
- Pay the costs of any work required to the system due to STORM DAMAGE including LIGHTNING, ELECTRICAL SPIKES, WATER or DAMPNESS DAMAGE, MALICIOUS DAMAGE including VANDALISM, CUSTOMER MISUSE or ERROR, NEGLECT, or any SOFTWARE RELATED FAULTS OF THE SYSTEM, OR ANY REPLACEMENT TO THE CUSTOMERS APPARATUS.
- Give the company immediate notice of any fault in or repairs necessary to the apparatus by reporting the fault or repairs directly to the faults department or in writing.
- In relation to all types of space detection, immediately notify the company in writing of any alteration to the structure, or layout of, or to the fittings in the premises, or any major movements in the contents thereof including stock, as this could affect system effectiveness to detect a break-in.
- If in the opinion of the company, it becomes impractical to repair the system, the company will provide a quotation for the replacement of the system or may without prejudice to its rights, cancel this agreement by giving the customer the necessary period in writing. If the company cancels this contract, then a fair proportion of any advance payments paid or due will be refunded or cease to be payable. To cancel this agreement both parties must give the relevant notice.
- The customer shall pay for the cost of any reinstatement or redecoration made necessary during installation, or by the testing, alteration, or removal of the apparatus.
- The company may assign its interests in this agreement without prior written consent, however wherever possible, notice will be given. The customer may assign its interest in this agreement by informing the company in writing.
- The company may terminate this agreement without prior written consent if the system installed at the customer’s premises is interfered with outside the bounds of normal operation by any third party or the customer themselves. Under these conditions, no proportionate charges would be refunded and full recompense under the contract terms would apply. The company also withholds the right to terminate this contract immediately should the customer go into administration and or receivership when any debt is owed to the company.
- The company may withhold its labour, call-out and maintenance visits including any warranties and product guarantees if a bad debt to the company exists beyond seven days. The company may terminate all services including Central Station Monitoring and seek full recompense for the outstanding amount if the bad debt exists beyond forty-five days by giving seven days written notice. If payment is then not received within seven days of this notice, then this will constitute a breach of contract. The company will endeavour to recover the debt in full plus a statutory charge in line with 5A of the Late Payment of Commercial Debts (interest) Act 1998. The Customer indemnifies and undertakes to make payment to the company all costs, including all costs as between solicitor and client, debt collection costs, or other, whether these costs be on a fixed or contingent basis, in regard to the collection of any monies owed by the customer.
- The company will hold all title to goods, delivered to or installed at, the customer’s premises until these goods have been paid for in full. The customer will be directly responsible for the loss or damage and must maintain insurance for these goods until paid for in full.
If this agreement is terminated by the customer within the minimum contracted period, or cancelled by the company due to the terms and conditions not being adhered to, or a breach of contract occurs, the customer or the guarantor shall forthwith pay the company (without prejudice to its rights to recover any sum due from the customer to the company) by way of liquidated damages all future annual charges (at the rate in force at the date of such termination), which would have been payable had this agreement continued until the end of the minimum and or contract period, plus all monitoring charges where an agreement has been entered into by the company for the benefit of the customer.
The company may vary these terms and conditions from time to time and an amended copy of the current terms and conditions will be made available at www.contactsecurity.co.uk
Termination of a contract:
- To terminate the contract or an implied contract, the customer must give three full calendar months’ notice to the company in writing, prior to the anniversary date of the contract and out of the minimum period. An acknowledgement of this termination must be received and will again be in writing. If you fail to cancel the contract correctly, then the company will inform you in writing of this instead of providing an acknowledgement. The company will provide all services up to the final day of the contract including twenty-four-hour call if that formed part of the contract. Engineering codes will not be provided, and systems will require re-programming unless a final visit is agreed.
- Systems that have signalling to a central monitoring station will have the signalling cancelled upon expiry of the contract.
- A final visit can be arranged at the end of the contract and this visit will be charged at an agreed rate. The company will attend the customer’s premises, or the premises where the system is installed. The company will change the engineering code and remove the rented equipment.
- The Unique Reference Number (URN) is the number that the Police allocate to the installation address to facilitate a Police response to an alarm activation. The company will surrender the URN to the relevant Police authority on the last day of the contract. This will allow the incoming company to apply for this number and reinstate Police response if required.
- These terms and conditions supersede any previous or other terms and conditions, unless those terms and conditions appear on the rear of a formalised installation or maintenance contract. The company withhold the right to vary or change any terms and conditions that apply to this agreement. Any changes can be accessed and viewed via the company’s website at www.contactsecurity.co.uk
GENERAL DATA PROTECTION REGULATION ( GDPR)
Customer data may be stored on our secure database at the customers consent. Contact Fire and Security will always clearly inform customers about why personal data is being collected and how this data will be used.